Bombay High CourtCAF/1725/2019ca disposed off

Deputy Chief Executive Engineer (Construction), Central Railway, Ajni, Nagpur v. Smt. Javeribai W/O Maganlal Shah (Dead) Tha. Lrs. Smt. Vijay Wd/O Harakchand Shah And Others

2020-12-02Hon'Ble Shri Justice A.S. Chandurkar,Hon'Ble Shri Justice Nitin B. Suryawanshi2 pages

902 CAF 1724-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (F) NO. 1724 OF 2019 IN FA (ST) NO. 21400 OF 2018 Deputy Chief Executive Engineer (Construction), Central Railways, Ajni, Nagpur ...Versus...

Smt. Javeribai Maganlal Shah (Dead) Through LRS. Smt. Vijay Harkchand Shah and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----------------- - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders or directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------------- - Shri M.A. Kadu, Asstt. Government Pleader, for respondent Nos.4 and 5 CORAM : A. S. CHANDURKAR & N. B. SURYAWANSHI, JJ.

DATE : 02/12//2020 This application is filed seeking condonation of delay of 152 days in filing the First Appeal. In spite of service, none appears for the respondents. Since there is no opposition to the application, the civil application is allowed. Delay of 152 days is condoned. Civil application is disposed of.

FIRST APPEAL ST NO.21400/2018 Heard.

Admit.

Shri M.A. Kadu, learned AGP waives service for respondent Nos.4 and 5.

Call Record and Proceedings.

902 CAF 1724-2019.odt CIVIL APPLICATION NO. 1725/2019 Vide order dated 16/04/2019, notices were issued to the non-applicants and in the meanwhile subject to the condition that IF the enhanced amount of compensation is deposited within a period of 12 weeks, interim stay to the effect and operation of the impugned judgment and order was granted. The applicant/appellant has deposited the amount of compensation. In that view of the matter, there shall be stay to the effect and operation of the impugned judgment and order, during the pendency of the first appeal. Civil application is disposed of. JUDGE JUDGE J.Pethe